State of Tennessee v. Michael Dean Marlin

The Defendant, Michael Dean Marlin, was found guilty by a Marshall County Circuit Court jury of three counts of especially aggravated burglary, a Class B felony; aggravated robbery, a Class B felony; robbery, a Class C felony; aggravated assault, a Class D felony; and assault, a Class A misdemeanor. The trial court merged the especially aggravated burglary convictions. The court sentenced the Defendant as a Range II, multiple offender to twenty years each for the especially aggravated burglary convictions and the aggravated robbery conviction, to ten years each for the robbery and the aggravated assault,and to eleven months and twenty-nine days for the assault, to be served concurrently for an effective twenty-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that double jeopardy protections and Tennessee Code Annotated section 3914-404(d) bar simultaneous convictions for aggravated robbery, especially aggravated burglary, and aggravated assault. We affirm the judgments for robbery and assault, but we reverse the especially aggravated burglary, aggravated assault, and aggravated robbery judgments and remand the case for entry of judgments in which the Defendant’s convictions for especially aggravated burglary are modified to aggravated burglary and he is resentenced accordingly, and the conviction for aggravated assault is merged into a judgment of conviction for aggravated robbery.